SAT/154/2020
2021 Latest Caselaw 1919 Cal

12       12.03.2021
sd

Ct .9.                                     SAT 154 of 2020


                                Mr. Jishnu Chowdhury
                                Ms. S. Sharma
                                Ms. U. Chatterjee
                                Ms. S. S. Ghoshdastidar
                                                  ..For the appellant/petitioner.
                                Mr. Probal Mukherjee
                                                  ..For the respondent/O.P.

Re: CAN 1 of 2020

The appellant has sought for condonation of delay

of 82 days in preferring the appeal on being aggrieved with

the judgment and decree dated 30th June 2016 and 19th July

2016 passed in Title Appeal No. 84 of 2016 by the learned

Additional District Judge, 5th Court, Krishnanagar, Nadia,

which was dismissed on 23rd December 2019.

The reasons have been assigned in paragraph 9 of

the application for not filing the appeal in time. Objection was

raised earlier as to the explanation not sufficiently given but

by filing the supplementary affidavit on behalf of the

appellant, the delay for condonation of the aforesaid 82 days

has been well explained.

In support of the contention, learned counsel for

the appellant also cited a decision of Supreme Court (Suo

Motu Writ petition (Civil) No(s). 3 of 2020. Operative part of

the order is quoted below:-

"To obviate such difficulties and to ensure that

lawyers/litigants do not have to come physically to file such

proceedings in respective Courts/Tribunals across the

country including this Court, it is hereby ordered that a

period of limitation in all such proceedings, irrespective of the

limitation prescribed under the general law or Special Laws

whether condonable or not shall stand extended w.e.f. 15th

March 2020 till further order/s to be passed by this Court in

present proceedings.

We are exercising this power under Article 142 read

with Article 141 of the Constitution of India and declare that

this order is a binding order within the meaning of Article

141 on all Courts/Tribunals and authorities."

Having heard and considering explanation offered

by the appellant/petitioner the same being satisfactory is

accepted and in view of the order passed by the Apex Court

dated 23.03.2020 in Suo Motu Writ Petition (Civil) No.

3/2020, the delay of 82 days in preferring the instant appeal

is condoned.

Accordingly, application being CAN 1 of 2020 is

allowed and disposed of.

Let the matter be placed before the Hon'ble

appropriate Division Bench for hearing under Order 41 Rule

11 CPC.

(Shivakant Prasad, J. )